The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1887-01-12
REPEALED AT LAST.
The Tenure-of- Office Act, One OF tile Re.
mains of Republican Abuses, Stricken
from the Statute Books.

The Tenure-of- Office Act, One of the Re- |
mains of Republican Abuses, Stricken
from the Statute Books.
The passage by the Senate of the bill
repeating the Tenure-of-Otfice act
terminates a usurpation by that body |
which has extended over a period of
nearly twenty years. Under that law
the power of removal was taken from
the President and lodged in the Senate,
and though the act has not been at all |
times enforced it has served at inter-
walls as a refuge for the feudal lords of
the Senate when they saw fit to set |
themselves up as superior to the
Chief Magistrate.
This act was passed in 1867 by a
Congress containing Republican ma
jority of more than two-thirds and was
designed to keep in Office the Repub-
licans of whom Andrew johnson
sought to rid himself. Johnson's
break with his party, which had hardly
yet become warm in the offices, pre-
cipitated factional quarrel Of unex-
ampled bitterness. His policy was not
the policy of the great party chiefs who
not long before had doubted the wis
dom Of re-electing Lincoln, lesthe, too,
might develop ideas not in harmony
with those of the more extreme
members of his party, and to pre-
vent his carrying it out all the en-
ergies of the organization were direct-
ed. The possession of the offices being
as important a matter in the estima-
ton of the various leaders as any other,
they passed the Tenure-of-O Office act in
1867, for the purpose of depriving the
President of the power of making
changes in Offices Without the consent
| Of the Senate. As it stood originally
this act practically took from the Pres
ident his constitutional powers and
lodged them in the Senate. Without
! its consent he could not even remove
an official who was incompetent, cor
rupt or neglectful. Except by its per-
mission he could not change his own
Cabinet. 1t was intended to. shackle
IN executive officer who could not 9th
erwise be controlled. If he would not
obey the wishes of the party which had
elected him that party, having abso-
lutte control Of both branches of Con-
gress, would deprive him of the ability
to execute the office which had been
conferred upon him. Mr. johnson
vetoed the act, but it became a law by
the two-thirds vote of a partisan Con-
gress, and thus the usurpation began.
| For the violation of this law Mr..
johnson was impeached, and in its
support great party, mindful only Of
partisan advantage and the spoils Of
office, fixed in American history page
| as dark as any that is to be found there.
But for the removal by Mr.. johnson OF
Secretary of War Stanton and the APP
pointment of General Lorenzo Thomas
as Secretary ad interim it is not likely
that the impeachment proceedings
would have been undertaken. Every
thing else depended upon the mainte-
nance of these charges, and as they
failed all else failed. The fury
Of party-might be depended upon
to pass laws overriding the con
stitution and degrading the Pres:
| idential Office to the level of a
| Senatorial appendage, but when it was
proposed as penalty for the violation
of such laws to depose the President
and put in his place a chieftain who
could have no legal right to the place
there was a revolt on the part of several
Senators of conscience and ability, and
the country was spared the browning
infamy Of witnessing the disposition Of
Chief Magistrate whose principal
offense had been the observance of his
oath to support the constitution and
transmit his Office tnimpaired to his
successors.
Immediately on the Inauguration Of
General Grant the party necessity Of q
Tenure-of-O Office act disappeared. Boil
houses of Congress were Republican,
as ~as the Executive Department, and
one of the first acts of the House Of
Representatives was to pass bill re
pealing the laws which had been passed
for the purpose of shackling johnson
But the Senate, having tasted blood
was not prepared thus early to relin
quish the power which it had usurped
It failed to act on the House bill. Ii
his first message President Grant, who
in Johnson's day had supported thu
Tenure-of-Office bill, attacked it in I'm
measured terms, saying that sit wa
incompatible with a faithful and eff
ciept administration of the Govern
ment.'' Later on the House ono,
again passed a bill repeating the act
this time voting more than six to on
in favor of it's annulment. The Senat
again refused to concur. 1t had gained
the upper hand of the President, and i
was not willing to retreat from its posi-
! tion.. Forty years before this Web
ster, Clay and Calhoun had Tough
the same battle with Andrew
Jackson and had failed TIL
advantage gained as against johnson
was not to be abandoned without
struggle. The law might be permitte'
to fall into allegiance during the ad
ministration of friendly President
but it was argued that it should stan'
and be revived as occasion might wal
rant. Under it Senators were mad
the dictators of Federal patronage